MALONE v. AMERICAN CYANAMID CO.

No. 4-94-0811.

649 N.E.2d 493 (1995)

271 Ill.App.3d 843

208 Ill.Dec. 437

Paul E. MALONE and Laverne Malone, d/b/a Malone Farms, Plaintiffs-Appellants, v. AMERICAN CYANAMID COMPANY, a Maine Corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided April 13, 1995.

Opinion Supplementing Decision on Denial of Rehearing May 19, 1995.


Attorney(s) appearing for the Case

Rex L. Brown, Gregory Mattingly (argued), Jeffery J. Hawkins, Brown, Hawkins, Basola & Mattingley, Decatur, IL, for Paul E. Malone.

Todd E. Bugg (argued), Costigan & Wollrab, P.C., Bloomington, IL, for American Cyanamid Co.


Justice STEIGMANN delivered the opinion of the court:

In May 1991, plaintiffs, Paul E. Malone and Laverne Malone, d/b/a Malone Farms, sued defendant, American Cyanamid Company, for breach of implied warranty of merchantability. Plaintiffs alleged that defendant manufactured, advertised, and sold herbicides under the trade names of "Prowl" and "Scepter," which defendant represented to be safe and effective means of controlling and eliminating weeds from bean crops...

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